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California Contractor License Bond

(category: Legal, Word count: 311)
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Before a contractor can receive a contractor's license in California, the contractor must register with the California Contractors State License Board and pay a Contractor's License Bond or a cash credit.

In the event of a contractor's license getting suspended or annulled due to a breach of the Contractors License Law, the contractor must file a disciplinary bond with the CSLB. This has to be to get a contractor's license restored or reissued or if an individual desires to obtain a fresh license. Disciplinary Bonds can go as high as $15,000, but can be bigger and the bond must be on record with the CSLB for two years minimum, and occasionally for a greater length of time.

All Contractor License Bonds must be implemented by an authorized surety company, in a manner up to the required standard of the CSLB and suitable to the State of California.

License and Permit Bonds are compulsory as a precondition to attaining a license or permit for a specific job, enterprise or occupation.

The state, or some local municipality or regulatory body, can make them mandatory. To comprehend a particular license or permit bond obligation, it is essential to evaluate the statute, ordinance or regulation from which the bond initiated, together with the language of the bond form itself.

Normally, a License or Permit Bond necessitates that the principal fulfill the laws, statutes, ordinances and regulations regarding that specific license or permit. This bond is generally on paper for a one-year term. Miscellaneous Bonds are sometimes put on paper to ensure some sort of financial or indemnity compulsion, or to warrant the loyalty of an individual.

To grasp the specific bond obligation, it is indispensable to analyze the regulation or contract from which the bond initiated, in conjunction with the language of the bond form itself.

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Should You Hire An Accident Attorney

(category: Legal, Word count: 796)
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You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

You say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don't you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will

probably go to their shareholders or to increased salaries or ?. Why shouldn't you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That's great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side's insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can "get away" with paying much less than the claim may be worth. Additionally, what

people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be "ok" by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying

money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

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Challenging A Will In Florida A Short Primer

(category: Legal, Word count: 698)
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As medical science allows our bodies to be kept alive long after our minds function as when we were young and healthy, family members and others may see an opportunity to adjust an elderly person's estate plan more to their liking. When other family members, not involved in the change to the estate plan, learn of the changes, they may wish to contest the will on the grounds of undue influence, lack of capacity, or failure of the will to conform to the requirements of law. A will can be challenged only after death, not while the maker of the will is still alive, although the facts surrounding the creation of the will can be gathered and preserved for subsequent litigation. After death, the Personal Representative will issue a Notice of Administration to the heirs and beneficiaries, which starts a 90-day period for challenging a will or the appointment of the Personal Representative.

Proper execution of a will requires that the will be signed by the deceased and witnessed by two witnesses, who also sign the will at the same time as the deceased. A will can be contested on the grounds that it was not properly signed or witnessed, and Florida courts have declared wills to be invalid that were not witnessed properly, including a situation where one witness was in an adjoining room when the will was signed and not in the immediate presence of the maker of the will.

Under Florida law, a testator is required to have mental competency to make a will and to understand the nature of his or her assets and the people to whom the assets are going to be distributed. A will can be declared void if lack of capacity can be proven. Typically, incompetence is established through a prior medical diagnosis of dementia, hallucinations, Alzheimer's, or psychosis, or through the testimony of witnesses as to the irrational conduct of the testator around the time the will was executed or perhaps that the testator was on heavy medication. As a practical matter it is difficult to challenge a will on lack of capacity grounds without a definitive medical diagnosis of a mental problem or without substantial proof of the drugs or medication that the testator was taking.

A will can be challenged on undue influence grounds when the testator was compelled or coerced to execute a will as a result of improper pressure exerted on him or her, typically by a relative, friend, trusted advisor, or health care worker. In many cases, the undue influencer will upset a long established estate plan where the bulk of the estate was to pass to the direct descendants or other close relatives of the decedent. Some undue influencers are new friends or acquaintances of the decedent who "befriend" the decedent in the last months or years of life, typically after the decedent has suffered some decline in mental ability. In other situations, one child of the decedent, often a caregiver, will coerce the decedent to write the other children out of the will (especially if the other children are stepchildren). Undue influencers can also be health care workers or live in aides who implicitly or explicitly threaten to withhold care unless the estate plan is changed in favor of the health care worker. Please read the Estate of Carpenter case, which is the most important undue influence case in Florida.

Even with evidence of significant pressure or cajoling from a spouse, Florida courts are reluctant to overturn bequests to a surviving spouse under an undue influence claim, given the importance of marriage in our society. Nonetheless, an egregious set of facts could warrant striking of a bequest to a surviving spouse, although the surviving spouse will be entitled to the elective share (30% in Florida), absent a valid marital agreement to the contrary.

Almost all will contests are heard by the probate division of the circuit court, where jury trials are not permitted. Florida does not recognize "no contest" clauses in wills or trusts. In any litigation in Florida over a will or trust, such a clause will be ignored.

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Pros And Cons Of A Structured Settlement

(category: Legal, Word count: 245)
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As with just about everything, structured settlements have both advantages and disadvantages. One key advantage is the tax benefits associated with a properly set-up settlement. An appropriately set-up structured settlement could very well reduce the plaintiff's tax obligations. In some cases the settlement could avoid taxes altogether.

Another advantage is that the structured settlement could also prevent a plaintiff from splurging all their money all at once. In this way, the structured settlement could be a sort of financial control. Instead of getting the money all at once and risking spending much of it on unnecessary or unwise transactions, a structured settlement's periodic payments will help the plaintiff with paying for necessary costs before they spend the money on other things.

However, this advantage could very well be seen as a disadvantage to many. Some people want to make big purchases, such as a car or home, and may prefer a large one-time lump sum payment to periodic payments. Even if they do not have desires for expensive purchases, some people may just feel that they would do better if they were able to invest their money themselves.

Essentially, for those who might have a difficult time managing a large sum of money, structured settlements offer a simple and helpful way to avoid dissipating the cash recklessly. However, for claimants who are able to manage money well on their own, the periodic payments may be an annoyance.

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California Limited Liability Company An Overview

(category: Legal, Word count: 335)
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Many people are surprised to learn that the LLC business entity is a fairly recent phenomenon. Wyoming was the first state to legislate the creation of LLCs in 1977. Most states didn't jump on the LLC bandwagon until 1988 when the IRS classified the LLC as a pass through entity for tax purposes. This ruling turned LLCs into the popular monster they are today. Now every state has legislation allowing the creation of LLCs and California is no different.

What Are The Advantages To Forming A LLC?

The LLC business entity offers many advantages to small businesses. An LLC is going to provide a shield between your business activities and personal assets identical to a corporation. Unlike a corporation, there are far fewer corporate formalities. Instead of setting up payroll, you can take draws from the entity. You are not required to maintain a balance sheet, although this is recommended. In short, the LLC entity is all about flexibility.

Should I Form A California LLC For My Business?

Maybe. While LLCs offer significant flexibility to small businesses, California charges an LLC tax that can really cramp your profits. This tax is charged on your gross revenues for the "privilege of doing business in California" as an LLC. Lucky you. Depending upon your situation, forming an "S" corporation may be a better option in California.

Additional Tax Issues

California allows a single person to own an LLC. This causes problems from a tax perspective. The IRS doesn't really acknowledge the existence of LLCs owned by one person. The IRS takes the position that you must have two people to be taxes as a partnership. Accordingly, it treats single owner LLCs as sole proprietorships. The problem with this result is that you end up paying self-employment taxes.

While LLC structures provide significant flexibility, the structure is not always the best choice for a small business. Make sure you speak with competent tax counsel prior to forming an LLC for your business.

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Bay County Public Criminal Records For Resident Research

(category: Legal, Word count: 444)
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The price of information has gone into a steady increase. Perhaps it has much to do with the rise of Internet use. In these highly mobile days, it really pays to know and the Internet is the one medium that keeps all of us inter-connected. Yet despite these advances in technology, there are still many things that we are unable to accomplish with the web. For instance, old pertinent records may not be available in the Internet, which mostly contains the newest data at hand. And thus, nothing compares to the manual retrieval of information and most public records researchers can attest to that.

But the Internet still has its uses too. If anything, it gives you a place to start. Take Bay County public criminal records, for example. We all know that most states in the U.S. keep online databases of public criminal records which anyone can access. Florida is no exception. By state statute, the Florida Department of Law Enforcement is tasked to provide a criminal history information database that would serve as the state central repository of Bay County public criminal records and those from other counties, cities, towns, and municipalities. But the problem with the state database is that the Bay County public criminal records you find there deal mostly with convictions. And as we all know, not all Bay County public criminal records are necessarily records of convictions. So if you're looking to perform an exhaustive search of Bay County public criminal records, the state database shouldn't be your only source of information.

MyFloridaCounty.com - Recorded Documents

This site is a free online archive of statewide official records. Here you can search for Bay County public criminal records of any private individual or business entity. Simply fill up the search form provided and then select which document type you want to search for. The good thing about this site is that it allows you to search for multiple document types so you can look for affidavits, certified copies of court judgment, court papers, release records, probate documents, et cetera.

BayCoClerk.com - Bay County Clerk of Courts

If there's any one place you should check out for Bay County public criminal records of court filings, then this would be the site. Court records are excellent sources of information for your Bay County public criminal records search. Not only do they contain details of the crime in question, but they also contain other pieces of information that may be pertinent to your research, such as full name of the defendant, the prosecutor, the defense attorney, presiding judge, record of conviction, and the like.

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Critical Business Procedure Keep All Email Communications

(category: Legal, Word count: 409)
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Businesses routinely maintain copies of correspondence and memos. Far to often, however, they do not extend this practice to email correspondence. Email correspondence is no different then your normal paperwork. You must keep copies of all of it to protect your business in any litigation.

Currently, only banks and broker-dealers are obliged to retain e-mail and instant messaging documents for three years under U.S. Securities and Exchange Commission rules. Beginning July 2006, all public companies will also be required to do so under the Sarbanes-Oxley Act.

Notwithstanding these laws, your custom and practice should be to maintain copies of all email correspondence. Email is considered evidence and courts are hammering businesses that do not maintain email records. Judges are often ruling that the failure to maintain and produce email records means the business in question is hiding key evidence.

In the recent Perelman v. Morgan Stanley litigation, a judge's ruling on the failure of Morgan Stanley to produce email was key factor in the issuance of a $1.45 billion verdict. Based on the failure to produce email records, Judge Elizabeth Maass issued a pretrial ruling that effectively found Morgan Stanley conspired to defraud Perelman in a 1998 deal. Morgan Stanley is not the only business defendant to have this problem.

In the summer of 2004, UBS bank was found by a judge to have "willfully destroyed" email evidence in a discrimination case. UBS was ordered to pay costs and a jury returned a $29 million verdict.

Email Policy

To protect your business, you must have a procedure in place to maintain email communications generated through the business. Failure to keep these records can lead to rulings in litigation that your business willfully destroyed evidence. If this occurs, the judge may issue significant monetary sanctions, automatically find you liable or take other harsh steps that assure a victory for the Plaintiff. As if such developments are not bad enough, there exists a second risk associated with email communications.

Maintaining email communications, however, can have a downside. The problem arises, of course, when a communication contains statements that are damaging to your business. Yes, the proverbial catch-22 situation.

To avoid such disasters, your business must develop a clear policy on email communications and train all employees to comply with that policy. Employees must understand the business environment is not one in which jokes, flippant remarks and so on should be made in email communications.

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Bylaw Legal Form The Internet Solution

(category: Legal, Word count: 502)
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Ah, the Internet. Never has there been so much information available to the common man on all sorts of topics. The danger being of course that one can never really know if the information they are reading about is actual facts or complete fantasy.

While this is not important maybe when searching for information on a rock band or trying to look up when a movie is playing locally, but when that information is medical or legal you need to be sure that what you're reading is in fact valid.

Let's say for the sake of discussion you are in need of a bylaw legal form. What would you do? Unless you have a law degree you can't just simply sit down and type one out. But do you really want the expense of hiring an attorney to fill out a simple document like a bylaw form?

The legal arena is a tangled web in itself. There are so many laws and regulations covering all aspects of society. But thanks to the Internet simple procedures which were once only in the realm of attorneys only can now be taken care of much easier and less expensive by you with little to no legal training at all.

The easiest and best examples of this are simple legal forms which are now available all over the Internet. Where before these almost secret documents were closely held by lawyers, one can now surf the web and download and print legal forms printing them out and saving literally hundred to thousands of dollars.

Take the bylaw form for example. This simple form can now be looked up and downloaded from many online legal advice sites and then filled out with all your personal information. Then simply print it out and take it to get notarized and you have a legal document which will be upheld in any court in the land.

Before getting a simple bylaw form filled out and official by a lawyer could easily cost hundred if not thousands of dollars depending on intricacies and details. Now with a simple download you can fill out your bylaw form and be on your way.

Bylaws are just one example of the legal forms available on the Internet but the reason bylaws is such a perfect example is that what you are doing yourself by downloading the form your self is exactly what a lawyer would do. He simply would tell his secretary or paralegal to fill out the form and then he would sign it handing it over.

Of course you will pay for an hour or more of the lawyer's time when all that happened was what you can do yourself. So the next time you need a bylaw form just find and fill it out yourself. Bylaw forms and more are all available right on the Internet. Your brand new legal advisor.

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Why Get An Adoption Attorney

(category: Legal, Word count: 559)
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We live in a world governed by laws. These laws are there to give our chaotic world a sense of order.

These laws may sometimes seem to only complicate things. However, the creation of these laws has one objective in mind and that is the assurance of the progress of civilization.

The most miniscule things that we do nowadays have at least one law attached to them. Even adoption has specific laws attached to it. Gone, theoretically, are the days when a child left on your doorstep could be taken in as your own and no one would question your right to.

The laws involving adoption are complex. You need help in order to guide you through the maze of words and terminologies and conditions.

That's where an adoption attorney comes in.

What are the advantages in hiring an adoption attorney?

Here are some of them:

1. Specialization -as we all know, the law has a lot of aspects, and each aspect presents its own complication. While some lawyers may be gifted with the ability to successfully practice different types of the law, the fact is that you need someone who specializes in adoption.

An adoption attorney brings to the table this specialization. This assures you that he is a master of the adoption game. That he/she focuses on this aspect of the law alone assures you that he/she has a very specific knowledge of it.

An adoption attorney can help you much better than a lawyer-of-all-trades can.

2. Explanation -an adoption attorney will be able to reveal to you the different complications and solutions of adoption clearly.

An adoption attorney can show you the big picture. With the help of an adoption attorney, you can understand what you are up against and how to get past every roadblock.

A clear-cut explanation is what you need, not some vague reassurance that everything will be alright.

This explanation can and will be provided to you by a good adoption attorney.

3. Plan -a good adoption attorney can help you formulate a plan in order to make your adoption work. He/she takes into consideration every potential problem and every probable solution.

An adoption attorney plans every move and every contingency involved in your case.

As they say, fail to plan and you plan to fail.

4. Contacts -a good adoption attorney, of course has contacts. Remember the adage "It's not what you know but who you know"?

An adoption attorney can make use of those contacts in order to get you the best weapon that you can have information.

Contacts can also help make the case easier for you.

Two heads are better than one, after all.

But how do you find an adoption attorney?

Here are some tips:

1. Look early -if you are thinking of adopting, hiring an adoption attorney early in the game will help you with your plans. This way, he can help you with your plans right from the very beginning.

2. Talk to people -other people have experienced adopting. What you need to do is talk to different people in order to get their opinions on different adoption attorneys.

This would get you a valuable in-depth look at the problems you might face in hiring an adoption attorney. It would also help you take advantage of any information regarding adoption.

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